Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 23(c), Criminal Procedure Code, 1973, Section 389 -- Contraband - Conviction - Suspension of sentence during pendency of appeal - Issue of improper sampling would have to be considered at the time of adjudication of appeal - However, since the accused has also undergone a substantial period of sentence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - No recovery has been effected from conscious possession of accused - Presumption u/s 54 of NDPS Act cannot be drawn - Accused does not have any pending case against him - Trial of case is not likely to be concluded at an early date - Accused..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of L.R's - No particular format is prescribed - Only requirement is that application must be in writing and should be in language of Court supported by an Affidavit - However, non filing of an affidavit is a curable irregularity...........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Death of defendant - Exemption from substitution of LRs - Ex parte order was passed against defendant - O.22.R.4(4) CPC covers even a defendant who had been declared ex parte - Plaintiff thus, exempted from necessity of substituting legal heir of defendant...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 20 bottles of 100 mls each of intoxicating liquid containing Codeine Phosphate Syrup - Interim bail - Accused is resident of J&K - There is very good possibility of accused absconding from justice in case he is granted concession of interim bail -..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Decree in favour of or against a dead person - Decree is a nullity...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Non-substitution of all the LRs of defendant No.3 - When estate/interest was being fully and substantially represented in the suit jointly by other defendants and when they are also LRs of deceased defendant, suit cannot abate by reason of non-impleadment of all LRs of deceased defendant...........
Civil Procedure Code, 1908, Order 22, Rule 4, 10A -- Substitution of LRs - Limitation - Law as to: (i) limitation for substitution of LRs of a deceased plaintiff/defendant commences from the date of death and not from date of knowledge; (ii) abatement on non-filing of an application for substitution of LRs within prescribed limitation is automatic and; (iii) provision of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), 8(C), 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 0.9 gms MDMA - Intermediate quantity - Accused is involved in 14 crimes prior to present occurrence - Out of which 3 are u/s 27(b) of NDPS Act, but many of antecedents are pertaining to minor offences - However, taking into account..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29, 42, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - S.42 of the Act not complied with - Investigation of case is complete and challan has been presented - Out of 25 PWs none has been examined - Accused is not involved in any other case and trial of case is likely to take a considerable..........
